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EAGLE TRAFFIC CONTROL v. ADDCO

No. 94-CV-7363.

889 F.Supp. 200 (1995)

EAGLE TRAFFIC CONTROL, Plaintiff, v. ADDCO, Defendant.

United States District Court, E.D. Pennsylvania.

June 20, 1995.

Attorney(s) appearing for the Case

Joseph A. McGinley, Lavin, Coleman, Finarelli & Gray, Philadelphia, PA, for plaintiff.

Joseph M. DeMarco, March, Hurwitz, DeMarco & Mitchell, P.C., Media, PA, for defendant.

MEMORANDUM AND ORDER

JOYNER, District Judge.

We address today the motion filed pursuant to Fed.R.Civ.P. 12(b)(6) by Defendant in this diversity case, in which it seeks the dismissal of Plaintiff's request for punitive damages. For the reasons that follow, the motion to dismiss will be denied.

I. BACKGROUND

For the purposes of a Rule 12(b)(6) motion, we must accept as true the facts as alleged by the non-moving party, which...

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